Tuesday, February 13, 2007

The Lands Council v. Martin (9th Cir. - Feb. 12, 2007)

Sometimes I critique -- good-naturedly, of course -- the Ninth Circuit for dispensing justice a bit slowly. Sometimes way too slowly.

Not this time. I thought the panel did a fairly good job of both speeding this case up as well as resolving it quickly (e.g., issuing an opinion, with an immediate mandate, a week after the oral argument).

To the benefit of some trees that are technically "alive" but that might die. Regardless of the merits, about which reasonable minds might disagree (Judge Graber writes an opinion that's fairly persuasive, if hardly irrefutable), I liked how the court responded, fairly rapidly, to this appeal.

Even if the defendant -- whose last name was "Martin" (no relation) -- partially lost. It happens.